OEK Sales Promotion 2021

99 TERMS AND CONDITIONS The following terms and conditions apply to all contracts concluded by us, provided that our contractor is an entrepreneur. Arrangements derogating from these Terms and Conditions, in particular regulations to the contrary in other Terms and Conditions shall not become part of the contract. These Terms and Conditions also apply to all further transactions with the contractor. 1. QUOTATION AND CONTRACT CONCLUSION Our quotations are non-binding. The contract does not come into ef- fect until the order is delivered or confirmed in writing through us. The conclusion of the contract shall be subject to the reservation of com- plete and correct self-supply, insofar as sufficient hedging transactions have been settled and are necessary for contract conclusion. Price lists, catalogue and brochure images as well as technical drawings and indications concerning price, measurement and weight included therein are non-binding. We reserve the right to make changes in the technical realization of our products, if this does not considera- bly affect usage and appearance of the product. Color samples and specifications do in any case represent approximate values only. Also for partial deliveries we explicitly reserve the right of marginal color deviations. 2. PRICES Unless anything else has been agreed on in writing, all prices are quot- ed ex works excluding packaging and VAT. A minimum order surcharge of 5,- Euro is invoiced for order values that amount to less than 50,- Euro. 3. DELIVERY We are entitled to execute deliveries by instalments according to the production progress as far as this is reasonable for the customer. The customer is entitled to withdraw from the contract on account of a delay in delivery only after he has threatened to do so granting us adequate additional time. A delay of delivery on our part is not given if the customer is in arrears with a payment towards us which arises out of the same or another contract. For special models we are entitled to carry out deliveries that deviate in quantity up to ± 10% of the quanti- ty ordered, these deviations are due to production. 4. DISPATCH Dispatch shall always be at the risk of the customer, even if postage paid delivery is agreed upon. Packing will be charged at cost price and will not be taken back. 5. TERMS OF PAYMENT All accounts shall be paid within 30 days after the invoice date. The goods may be dispatched - at our option - cash on delivery or cash before delivery. A customer is entitled to offset against our claims only if the counterclaim is undisputed or a legally enforceable title is exist- ent. The customer can only claim a right of retention provided that his claims arise from the same contractual relationship. Goods delivered shall remain our property until all claims arising from the business relationship with the customer are paid in full. In the case of a current account, the property subject to reservation of title shall serve as security for our every payment balance claim. The purchaser is only entitled to sell the products subject to reserva- tion of title as part of proper business activities and as long as he is not in default of payment. Other actions which endanger our property are excluded. The customer assigns any receivables arising from the resale of the goods to us with immediate effect. The customer is granted the authorization to collect the claims ceded to us; we are entitled to withdraw this authorization as well as the authorization to resell the goods subject to reservation of title if the customer does not fulfil his obligations towards us. The customer will at any time provide us with all requested informa- tion regarding the goods subject to reservation of title or regarding the claims that hereafter have been ceded to us. The customer shall immediately notify us of any access or claims by third parties regarding the goods subject to reservation of title and provide us with the necessary documents. The customer will also im- mediately notify the third party of our reservation of title. The custom- er shall bear the costs of a defence against such accesses and claims. 7. NOTIFICATION OF DEFECTS, WARRANTEE, LIABILITY The customer shall examine the goods for damages or material defects immediately after receiving, latest within one week after delivery. No- tification of defects must be made immediately, latest within one week after discovery. If the goods are deficient or lack warranted qualities our warranty is restricted to repair or replacement at our option for the time being. Hereto the customer must grant us a reasonable period of time and opportunity. We bear the expenses necessary for the purpose of repair, provided that these are not disproportionate. Expenses that exceed the sales price are to be regarded disproportionate. If repair or replacement is not reasonable for the customer or if the re- pair fails at least twice, the customer is entitled to lower the purchase price or withdraw from the contract. Compensation claims obtain only according to the following regula- tions: We do only bear liability in the case of intent or gross negligence of the company or our assistants and vicarious agents. This does not apply for the breach of fundamental contractual obligations, in particular compensation claims due to non-performance, on account of delay or in case the contract cannot be fulfilled on our part, for claims resulting from injury to life, body or health and in the case of a liability under the product liability legislation. In the event of a breach of essential contractual duties which is based on other circumstances than intent or gross negligence, liability is limited to foreseeable and typical damage. Claims arising from material defects lapse one year after delivery of the goods. 8. DRAFTS AND SAMPLES Our drafts and samples of all kind may neither be imitated or copied, nor made available to third parties without our prior permission in writing. In each case of culpable violation the customer is obliged to pay us a contractual penalty of 5.000 Euro which is taken into account to further compensation claims. 9. PLACE OF JURISDICTION AND PERFORMANCE Place of performance for the consignment or service to be provided by us is Leipheim/Donau. Place of jurisdiction is 89312 Günzburg. German law shall apply exclu- sively. As of 02/2011